EWLLC80 Proposed Deed to Emerson Way LLC 073120-WF8.2.20Affected Premises:
Lots 3, 4, 6, & 8
Burts Pit Road
Northampton, Massachusetts
QUITCLAIM DEED
THE CITY OF NORTHAMPTON, a Massachusetts municipal corporation whose address is 210 Main Street, Northampton, Massachusetts, 01060
for consideration paid and in full consideration of ONE HUNDRED TEN THOUSAND and 00/100 DOLLARS ($110,000.00)
grants to EMERSON WAY, LLC, a Massachusetts Limited Liability Company, with a principal place of business located at 150 Main Street, Suite 310, Northampton, Massachusetts 01060
with QUITCLAIM COVENANTS,
Four parcels of vacant the land located on the northerly side of Burts Pit Road in Northampton, Hampshire County, Massachusetts, and shown as Lot 3 (.23 acres), Lot 4 (.39 acres), Lot
6 (.39 acres) and Lot 8 (.39 acres) on a plan of land entitled “Plan of Land Located in Northampton, Massachusetts (Hampshire County) Prepared for the City of Northampton”, dated July
28, 2020, and recorded in the Hampshire County Registry of Deeds in Plan Book 247, Page 247.
All of the above Lots are conveyed together with and subject to (a) the provisions of a Special Permit with Site Plan Approval (PLN-2017-0035) dated June 9, 2017, and recorded in said
Registry in Book 12672, Page 179, as amended by a Site Plan Amendment dated October 24, 2019, and recorded in Book 13464, Page 72; and (b) a Stormwater Management Agreement, dated __________,
2020, and recorded with said Registry at Book __________, Page ________.
The said Lots 4, 6, & 8 are conveyed subject to an Affordable Housing Deed Rider, dated __________, 2020, and recorded with said Registry at Book __________, Page __________.
The said Lots 3, 4 and 6 are conveyed together with and subject to the common driveway, drainage, and utility easements shown on said plan. Said lots are also subject to the provisions
of the aforementioned permit regarding the requirements for the recording of easement and maintenance agreements prior to the issuance of building permits. See the Common Driveway Easement
and Maintenance Agreement for Lots 3, 4, & 6, Burts Pit Road, Northampton, MA, dated __________, 2020, and recorded with said Registry at Book __________, Page __________.
The said Lot 8 is conveyed subject to the drainage easement shown on said plan and together with and subject to the common driveway, utility and drainage easements shown on said plan.
Said lot is also subject to the provisions of the aforementioned permit regarding the requirements for the recording of easement and maintenance agreements prior to the issuance of
building permits. See the Common Driveway Easement and Maintenance Agreement for Lots 8 and 10, Burts Pit Road, Northampton, MA, dated __________, 2020, and recorded simultaneously
herewith.
Reserving for the benefit of the said Lot 3, a 5,548 square foot drainage easement on the said Lot 6 and a 2,752 square foot drainage easement on the said Lot 8 (collectively, Drainage
Easement 1). If any action or negligence in yard maintenance (including the failure to maintain ground cover) by the owner of Lot 3 results in the degradation of the stormwater management
system at the Burts Meadow development (the said Lots 4, 6, and 8), then the owner who caused this degradation will bear the cost of repairing the damage. This damage or degradation
would include the discharge of contaminants or the migration of silt, soil, other landscape materials or debris into the drainage swales, shallow retention depression or other drainage
structures that make up the Stormwater system.
Reserving for the benefit of Lots 5, 7 and 9, as shown on said plan a 5,548 square foot drainage easement on Lot 6 and a 2,752 square foot drainage easement on Lot 8 as shown on said
plan (collectively, Drainage Easement 1). If any action or negligence in yard maintenance (including the failure to maintain ground cover) by the owners of Lots 5, 7, and 9 results
in the degradation of the stormwater management system at the Burts Meadow development (the said Lots 4, 6, and 8), then the owner who caused this degradation will bear the cost of repairing
the damage. This damage or degradation would include the discharge of contaminants or the migration of silt, soil, other landscape materials or debris into the drainage swales, shallow
retention depression or other drainage structures that make up the Stormwater system.
For Grantor's authority to purchase and then convey, see Order of City Council dated September 2, 2016, a copy of which is attached hereto as Exhibit "B" and made a part hereof. For
Grantor’s compliance with MGL Chapter 30B (procurement), see Attached Exhibit “C”.
BEING A PORTION OF THE PREMISES described in the deed of Tofino Associates, LLC, to the City of Northampton, dated June 23, 2017, and recorded in Hampshire County Registry of Deeds in
Book 12660, Page 169.
Executed as a sealed instrument this 3rd day of August, 2020.
THE CITY OF NORTHAMPTON
By: _________________________________________
David J. Narkewicz, Mayor
Duly Authorized
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF HAMPSHIRE
On this 3rd day of August, 2020, before me the undersigned notary public, personally appeared DAVID J. NARKEWICZ, and proved to me through satisfactory evidence of identification, which
was personal knowledge of the signatory's identity, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily
for its stated purpose, as the Mayor of the City of Northampton, Massachusetts.
_________________________________________
Notary Public: Wayne M. Feiden
My Commission Expires: October 23, 2023